25 September, 2026
The NSW Government has introduced the Fisheries Management Amendment (Enforcement) Bill 2026 to NSW Parliament.
NSWALC supports appropriate action against organised illegal fishing, seafood trafficking and black-market activity. These activities threaten fisheries resources and must be addressed.
However, stronger enforcement powers must not come at the expense of Aboriginal cultural fishing rights.
NSWALC was not consulted on the Bill, despite holding a position on the NSW Government’s Aboriginal Fishing Advisory Council and continuing to advocate for Aboriginal cultural fishing rights.
If passed, the Bill will give Fisheries Officers broader powers to:
- stop, detain and search vehicles and boats
- break open containers, compartments, panels and holds
- require people near waterways to hand over fish, fishing gear, bags and containers
- demand identification, records and answers to questions
- access personal and vehicle information
- allow the use of listening or optical surveillance device as part of their day-to-day duties. This is inclusive of powers to film or record fishers, including through body-worn cameras, drones or other visual surveillance, even where the activity may ultimately be lawful
- seize and retain boats, vehicles, fishing gear and other property
- commence proceedings up to three years after an alleged offence or after evidence comes to the attention of Fisheries.
These expanded powers raise serious concerns about overreach, disproportionate enforcement and the continued criminalisation of Aboriginal people exercising cultural fishing rights.
The Bill proposes changes to several enforcement thresholds from “reason to believe” to “suspects on reasonable grounds”, effectively allowing enforcement action to be taken at an earlier stage and on a lower evidentiary threshold. This raises significant concern about increased and potentially unnecessary enforcement against Aboriginal cultural fishers, particularly on the NSW South Coast where there has been a concentrated criminalisation of cultural fishing.
Aboriginal people continue to face prosecution for practising culture while section 21AA of the Fisheries Management Act 1994 remains uncommenced.
The NSW Parliament passed section 21AA in 2009 to recognise and protect Aboriginal cultural fishing. Seventeen years later, Aboriginal communities are still waiting for these protections to take effect.
The NSW Government should not expand fisheries enforcement powers without first addressing the absence of legal protection for cultural fishing and consulting directly with Aboriginal people about the likely impacts.
NSWALC is seeking urgent consultation before the Bill progresses. The legislation must include clear safeguards to protect cultural fishing rights and prevent the misuse or disproportionate application of the proposed powers.
NSWALC continues to call for the immediate commencement of section 21AA and an end to the criminalisation of Aboriginal people fishing in accordance with culture, laws and customs.